Except as provided in paragraph (2) of this subsection, a candidate for public or party office who has been defeated based on the certified results of any election conducted under this article may petition for a recount of the votes cast for the office sought. A candidate may not petition for a recount if the margin of difference between the number of votes received by an apparent winner and the losing candidate with the highest number of votes for the office is greater than 5% of the total votes cast for those candidates. The petition shall specify that the recount be conducted: in all of the precincts in which the office was on the ballot; or only in the precincts designated in the petition. The petition shall be filed with the board with which the candidate’s certificate of candidacy was filed. The petition must be filed within 3 days after the results of the election have been certified. The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board. A local board shall promptly notify the State Board of a petition that is filed with the local board.

An opposing candidate of the petitioner under § 12-101 of this subtitle may file a counterpetition if: the petition filed under § 12-101 of this subtitle did not specify all of the precincts in which the office was on the ballot; and on completion of the recount, the winner of the election is changed. A counterpetition shall be a request for a recount of the votes for the office in the precincts not specified by the petitioner under § 12-101 of this subtitle. The opposing candidate shall file the counterpetition with the board with which the candidate’s certificate of candidacy was filed. The petition must be filed within 2 days of the determination under subsection (a)(2) of this section. The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board. A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.

Except as provided in paragraph (2) of this subsection, a petition for a recount based on the certified results of a question on the ballot in an election conducted under this article may be filed by a registered voter eligible to vote for that question. A registered voter may not file a petition for a recount if the margin of difference between the number of votes cast for and the number of votes cast against the question is greater than 5%. The petition shall specify that the recount be conducted: in all of the precincts in which the question was on the ballot; or only in precincts designated in the petition. If the question was on the ballot in one county, the petition shall be filed in that county. If the question was on the ballot in more than one county, the petition shall be filed with the State Board. The petition must be filed within 3 days after the results of the election are certified. The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board. A local board shall promptly notify the State Board of a petition that is filed with the local board.

A counterpetition to a question filed under § 12-103 of this subtitle may be filed by a voter eligible to vote for that question, if: the petition filed under § 12-103 of this subtitle did not specify all of the precincts in which the question was on the ballot; and on completion of the recount, the outcome of the election is changed. A counterpetition shall be a request for a recount of the votes for the question in the precincts not specified by the petitioner under § 12-103 of this subtitle. If the question was on the ballot in one county, the counterpetition shall be filed in that county. If the question was on the ballot in more than one county, the counterpetition shall be filed with the State Board. The petition shall be filed within 2 days of the determination under subsection (a)(2) of this section. The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board. A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.

A petition or counterpetition filed under this subtitle shall be filed with a bond as provided under subsection (b) of this section. If a recount is being conducted in only one county, a judge of the circuit court of the county shall determine and set the bond to be filed by the petitioner or counterpetitioner sufficient to pay the reasonable costs of the recount. If the recount is being conducted in more than one county, a judge of the Circuit Court for Anne Arundel County shall determine and set the bond.

In accordance with regulations adopted by the State Board, the local board shall: conduct the recount and certify the official result of the election or question which is the subject of the recount; and ensure the public’s ability to be present while the recount is conducted. The State Board shall monitor and support the work of any local board conducting a recount to ensure compliance with this subtitle. The State Board shall establish a procedure that will allow petitioners and counterpetitioners to request that a recount be terminated prior to its completion. When a recount is completed, the local board, and when appropriate the State Board, shall correct the primary, general, or special election returns and certificates that were made by a canvassing board.

In this section, “petitioner” includes a counterpetitioner. Except as provided in paragraph (2) of this subsection, each petitioner shall pay the cost of a recount requested under this subtitle and the petitioner’s bond is liable for the cost. The petitioner is not liable for the costs of the recount if: the outcome of the election is changed; the petitioner has gained a number of votes, for the petitioner’s candidacy or for or against the question that is the subject of the petition, equal to 2% or more of the total votes cast for the office or on the question, in all precincts being recounted; or the margin of difference in the number of votes received by an apparent winner and the losing candidate with the highest number of votes for an office is 0.25% or less of the total votes cast for those candidates; or in the case of a question, the margin of difference between the number of votes cast for and the number cast against the question is 0.25% or less. If the petitioner is not liable for the costs of the recount as provided in subsection (b) of this section, a county shall pay the costs of the recount in that county.

In this section the following words have the meanings indicated. “Duplicate ballot” means a paper ballot that: is created by a local board for purposes of vote tabulation by an optical scanner because the voter–verifiable paper record submitted by the voter is not acceptable for vote tabulation by an optical scanner; and is a copy of a voter–verifiable paper record that: for an absentee ballot returned by mail, reflects the intent of the voter; or for a provisional ballot, includes only the votes for contests for which the voter is eligible to vote. “Voter–verifiable paper record” has the meaning stated in § 9–102 of this article. In a recount under this subtitle, subject to paragraph (2) of this subsection, the petitioner shall select the method for conducting the recount. The petitioner may select only one of the following methods: rescanning the ballots using: the same vote tabulating equipment that was used in the election; or alternative vote tabulating equipment, if alternative equipment is available and its use is feasible, as determined by the State Board; a manual recount of voter–verifiable paper records; or any other recount method approved by the State Administrator. A local board shall: preserve the voter–verifiable paper record corresponding to each duplicate ballot that is created; and store each duplicate ballot that is created together with the corresponding voter–verifiable paper record. In a recount under this subtitle, a local board shall: examine the voter–verifiable paper record and duplicate ballot; and if the voter–verifiable paper record and duplicate ballot do not match, create a new duplicate ballot that accurately reflects the voter’s intent and count that duplicate ballot; or if the voter–verifiable paper record and duplicate ballot match, count the duplicate ballot.